Opinion 411

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION
Committee on Professional Ethics

Opinion #411 – 08/28/1975 (71-75)

Topic: Announcements; clients of former firm
Digest: Not improper to send announcement to clients of former firm with whom a professional relationship has been established
Code: DR 2-102

QUESTION

May an attorney send announcements regarding the opening of his own office to clients of the law firm with which he was formerly associated and for whom he performed professional services and may he be retained by such clients?

OPINION

For the reasons set forth in N.Y. State 83 (1968), N.Y. City 384 (1936) and N.Y.County 109 (1916) it would not be improper for a former employee to send formal announcements of his establishment of a new office to those clients of his former employer to whom he is personally known, and for whom he performed professional services while employed by his former firm. For limitations on this activity see N.Y. State 305 (1973) and DR 2-102.As to new matters, the client always has the right to choose an attorney. As to matters worked upon by the former firm, reference is made to N.Y. State 305 (1973). The opinion should be read in full, since it gives the subject extensive treatment and lists numerous authorities, limitations and restrictions on the subject. See also N.Y. City 384 (1936).

Six diverse people sitting holding signs
gradient circle (purple) gradient circle (green)

Join NYSBA

My NYSBA Account

My NYSBA Account